Igba (Migration)

This matter concerned a review by the Administrative Appeals Tribunal of a decision regarding a Visitor (Class FA) visa, Subclass 600 (Sponsored Family stream). The applicant sought to satisfy the primary criteria for this visa, which included demonstrating a genuine intention to stay temporarily in Australia for the purpose for which the visa was granted.

The Tribunal was required to determine whether the applicant met the criteria set out in clause 600.211 of Schedule 2 to the Regulations. This involved considering three specific matters: whether the applicant had substantially complied with the conditions of their last substantive visa or any subsequent bridging visa; whether the applicant intended to comply with the conditions of the Subclass 600 visa; and any other relevant matters.

In its reasoning, the Tribunal found that the applicant had substantially complied with the conditions of their last substantive visa, a Diplomatic (Subclass 995) visa granted in 2007, as there was no information to suggest otherwise. The Tribunal also considered the applicant's intention to comply with the conditions of the Subclass 600 visa, such as not working, not engaging in study for more than three months, and not remaining in Australia after the end of their permitted stay. Having considered these matters cumulatively, and taking into account new evidence provided to the Tribunal, the Tribunal was satisfied that the applicant genuinely intended to stay temporarily in Australia for the purpose of visiting family.

Consequently, the Tribunal remitted the application for a Visitor (Class FA) visa for reconsideration, directing that the visa applicant met the criteria under clause 600.211 of Schedule 2 to the Regulations.